Robert J. Newman, Jr., Cross-Appellant v. Missouri Pacific Railroad Company and J. I. Brown, Jr., Cross-Appellees

*441RIVES, Circuit Judge:

At about 2:30 a.m. on November 6, 1971, plaintiff Robert J. Newman,' Jr., was driving an automobile north along a public highway near Natchez, Mississippi, approaching a railroad spur crossing. At the same time a railroad engine was backing down the spur tracks in an easterly direction, approaching the crossing from the west. After the Newman car was allegedly too near to stop short of the tracks, the engine emerged into the crossing. The car and the engine collided, with resultant personal injuries and property damage to the plaintiff. It was undisputed that Newman had…